Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15379 of 2021 Applicant :- Amarpal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Hira Lal Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 145 of 2011, under Sections 109, 302, 396 and 412 I.P.C., P.S. Jaithra, district-Etah, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive as at the time of alleged incident, the present accused was in NOIDA and he was unaware about the incident and that's why he could not attend the court and recovery warrants have been issued against him. He also submits that initially the FIR was lodged against 14 named accused persons and 8-10 unidentified persons. The matter was investigated and after completion of investigation the police has exonerated the present accused and submitted chargesheet against fifteen persons. Thereafter an application under Section 156 (3) Cr.P.C. was moved by the brother of the deceased Anurodh Singh, the case was entrusted to C.B.C.I.D. and after completion of investigation, chargesheet has been submitted against the present accused. Further submission is that the applicant was not named in the first information report.
His name as an accused in the present case surfaced for the first time in the confessional statement of Anurodh Singh, in which he has specifically stated that he had lastly seen the present accused and other co-accused talking with the deceased at Tehsil. He also submits that similarly place other co-accused Awadhpal Singh and Ranjeet Singh have already been granted bail by the court below vide order dated 26.6.2015, copy whereof has been filed as Annexure-SA-4 to the supplementary affidavit.
He lastly submitted that the applicant, who is in jail since 17.2.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Amarpal Singh be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 Faridul